Nagendra Pratihast vs State Of Raj And Ors on 18 April, 2026

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    Rajasthan High Court – Jaipur

    Nagendra Pratihast vs State Of Raj And Ors on 18 April, 2026

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               HIGH COURT OF JUDICATURE FOR RAJASTHAN
                           BENCH AT JAIPUR
    
                  D.B. Special Appeal (Writ) No. 541/2015
    
                                         In
    
                   S.B. Civil Writ Petition No.13372/2010
    
    Nagendra Pratihast S/o Panchanand Pratihast, Aged 64 Years,
    R/o House No. 901-902, Mahavir Nagar-II, Kota-Rajasthan.
                                                                          ----Appellant
                                     Versus
    1.       State of Rajasthan Through Secretary, Department of
             Personnel (K-3/Enquiry), Government of Rajasthan-Jaipur.
    2.       Director, Sanskrit Education, Jaipur, Rajasthan.
                                                                   ----Respondents

    For Appellant(s) : Mr. Ajatshatru Mina, Adv. With
    Mr. Himanshu Kala, Adv.,
    Mr. Movil Jeenwal, Adv., &
    Mr. Nripraj Bhati, Adv.

    For Respondent(s) : Mr. Guru Charan Singh Gill, AAG, with
    Ms. Shikha Sharma, AAAG for State

    SPONSORED

    HON’BLE THE ACTING CHIEF JUSTICE MR. SANJEEV PRAKASH SHARMA
    HON’BLE MR. JUSTICE BALJINDER SINGH SANDHU

    Judgment

    Date of conclusion of arguments : 18/03/2026

    Date on which judgment was reserved : 18/03/2026

    Whether the full judgment or only
    the operative part is pronounced : Full judgment

    Date of pronouncement : 18/04/2026

    (Per Hon’ble The Acting Chief Justice)

    1. The appellant had preferred a writ petition before this Court

    wherein he stated that he was a regular student of Sanskrit at Shri

    Sitaramiya Sanskrit University, Muzaffurnagar and while learning, he

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    used to travel to Vrindavan, Mathura to teach poor people and

    students as a part of his religious responsibilities at Shri Ram Krishna

    Sanskrit College, Vrindavan, Mathura (UP) (which was an organization

    of religious teaching) in the year 1996. He asserted that he did not

    charge any fee nor did he receive any remuneration for the same. The

    appellant pursued his studies as a regular student in the subject of

    Astrology (Jyotish) and qualified the examinations with first grade in

    the year 1968 and in the year 1971, he passed Vyakaran Shastra from

    the same college with first grade.

    2. On 22.01.1973, he was appointed as Teacher Gr.-II on temporary

    basis at Vithal Nath Sanskrit College, Kota. At the time of screening,

    certificates of teaching experience had been presented, but were not

    considered for the purpose of appointment as they were found to be

    from the institutions outside the State which is not recognized by any

    University or the State body. Appellant was further appointed as

    Assistant Professor (Astrology). The appointment of the appellant in

    the aided institution was later on sanctioned by the State Government.

    3. It was further stated that he was appointed as Assistant

    Professor (Astrology) in the year 1980 and was further promoted to

    the post of Professor. On 12.02.1998, the private college where the

    appellant was posted as Professor was taken over by the State

    Government. On 04.12.1999, the Selection Committee of the State

    Government screened all the eligible candidates and after analyzing

    the record of the appellant, the Committee selected the appellant on

    the post of Professor. Thereafter he was further promoted as Principal

    of the College by the respondents.

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    4. The appellant asserts that an enquiry was conducted solely on

    the basis of the complaint filed by one unknown person with respect to

    his educational qualification, wherein, while his educational

    qualifications were found to be correct, with regard to the experience

    certificates submitted by him, it was found that they were never

    utilized for any purpose nor any benefit was given to him. However,

    the enquiry officer opined that further enquiry to be convened for the

    experience certificates as they were found to be doubtful and a

    proposal was made to conduct a regular enquiry.

    5. The State Government issued a charge sheet to the appellant on

    11.03.2008 wherein, it was stated that while working as Principal at

    Shri Ram Krishna Sanskrit College, Shri Laxmi Kant Bhawan,

    Vanshiwat Vrindavan, Mathura (UP) from 01.11.1966 to 21.01.1973,

    he had acquired educational qualification as regular student in the year

    1968 from Shri Sitaramiya Sanskrit College, Muzaffarpur under

    Kameshwar Singh Darbangha Sanksrit University, Bihar, in Jyotish

    subject with first grade. Further in 1971, the appellant pursued his

    studies as a regular student and passed ‘Naveen Shastri’ Examination

    from Radha Krishna Sanskrit College, Mathura. Thus, he had

    committed serious misconduct while submitting experience certificate

    of Principal from 01.11.1966 to 21.01.1973, whereas he was studying

    as a regular student at another place during the said period.

    6. In the statement of allegations, it was pointed out that he has

    shown in his documents, to have been a teacher of Madhyama Classes

    from 01.11.1966 to 08.07.1967, of Shastri Classes 01.11.1966 to

    21.01.1973 and of Acharya from 01.08.1968 to 21.01.1973 in the

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    subject of Jyotish. Thus, the certificate issued from the concerned

    institute on 01.02.1974 is not valid.

    7. He has also placed on record a Certificate issued from the College

    at Mathura as a regular student in the subject of Vyakaran Shastra,

    whereas, he was himself the Principal of that particular college in the

    year 1971 and thus, there was a doubt about his qualifications as well

    as his experience certificates.

    8. As per the departmental enquiry conducted, it was found by the

    enquiry officer that the charges were proved. Vide order dated

    22.09.2010, appellant-writ petitioner was removed from service based

    on the enquiry report.

    9. The appellant preferred a writ petition and challenged the order

    of removal. However, the learned Single Judge dismissed the writ

    petition.

    10. Hence, this appeal.

    11. Learned counsel for the appellant submits that the learned Single

    Judge has failed to consider that as far as the experience certificates

    are concerned which are stated to have been filed by the

    appellant/petitioner, they were never used to receive any benefit. So

    far as the educational qualifications are concerned, they were found to

    be correct and authentic. He submitted that the judgment passed by

    the learned Single Judge is based on his own assessment with respect

    to the age of the appellant and the educational qualifications acquired

    by him, whereas, the same were never questioned by any authority.

    12. Learned counsel further submits that the punishment of removal

    from service on the basis of experience certificates, which were never

    utilized and were issued by a religious institution, was very harsh and

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    was not required to have been imposed, especially when the same

    relate to the private institution where the appellant had been

    appointed. The appellant became a Government Servant only in the

    year 1998 when the college where the appellant was posted as

    Professor of Jyotish Shastra, was taken over by the State Government.

    Also, the date alleged is for a period prior to his employment in the

    State Government and the Certificates of experience were issued to

    him as a token of appreciation for his religious teachings in the

    charitable institution during the vacations.

    13. Learned counsel also submits that the Certificates had not been

    rejected by the State Government. At the time of screening, the

    certificates were not considered for the purpose of appointment as

    they were found to be from other State, therefore, he submits that the

    services rendered for the department for 37 years ought not have

    been put to naught. Learned counsel submits that there was no

    misconduct committed by appellant and therefore, the entire

    proceedings conducted, whereby he has been removed from service,

    are bad in law.

    14. He relies on the judgment passed in the case of Galaxo

    Labroratries Vs. Presiding Labour Court, Meerut (1984) 1 SCC

    1. He further relies on Inspector Prem Chand Vs. Government of

    N.C.T. (2007) 2 SCC (L&S) 58, to submit that an accused can only

    be charged for offence of misconduct if there was a finding of fact that

    he was guilty of unlawful behaviour in relation of discharge of his

    duties. He, therefore, submits that it is evident that the appellant who

    had never taken benefit of the Certificates issued by the institution

    could not be said to have committed any misconduct.

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    15. Learned counsel has also invited our attention to the Rajasthan

    Civil Services (Conduct) Rules, 1971, to submit that ‘misconduct’ must

    relate to, conduct during service and conduct which is in violation of

    prescribed duties or discipline of a government servant. The alleged

    experience certificates pertain to a period prior to the appellant’s entry

    into government service and therefore, he could not have been

    penalized for possessing these documents. Moreover, the Certificates

    have been issued for teaching during vacations in a religious

    institution. Sanskrit at a religious institution could be taught by a

    person who is not duly qualified and who is undergoing studies. It is

    not uncommon for students to be teaching in Sanskrit Institutions. The

    appellant had served the State Government for more than 35 years

    and there was an unblemished service record.

    16. Learned counsel relies on Bhagat Ram vs. State of Himachal

    Pradesh 1983 (2) SCC 442, to submit that the penalty imposed

    must be commensurate with the gravity of the misconduct, and that

    any penalty disproportionate to the gravity of the misconduct would be

    violative of Article 14 of the Constitution.

    17. He further submits that in the case of Pinky Meena vs. The

    High Court of Judicature of Rajasthan at Jodhpur & Ors., 2025

    SCC OnLine SC 1214, the Supreme Court found that the concerned

    appellant had obtained a degree of LL.B. and B.Ed. simultaneously

    which were related to the period prior to being a Judicial Officer.

    Similarly, in respect of LL.M. degree also, the concerned writ-petitioner

    had not been a Judicial Officer and was serving as a Teacher Gr.-II and

    she was not a government servant on the date of interview as she had

    tendered resignation.

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    18. Further, he submits that in Pawan Parajapati Vs. Union of

    India, D.B. Special Appeal (Writ) No.873/2023, decided on

    27.02.2026 wherein the Rajasthan High Court relied on Ranjit

    Thakur Vs. Union of India (1987) 4 SCC 611, it was held that the

    disciplinary action must bear a reasonable nexus with the gravity of

    the misconduct and cannot be imposed mechanically without

    considering the mitigating circumstances.

    19. Learned counsel also relies on a judgment passed by the

    Supreme Court in the case of CISF Vs. Abrar Ali (2017) 4 SCC 507

    where the penalty of dismissal was found to be excessive and harsh.

    He also relies on the judgment passed in the case of Girish Bhushan

    Goyal Vs. BHEL and Another (2014) SCC 182 where the dismissal

    order served on the appellant just six days prior to his retirement was

    found to be exorbitant and disproportionate.

    20. Per contra, learned counsel appearing for the State submits that

    the appellant had remained posted in Vitthal Nath Sanskrit College,

    Kota, which was an aided institution from 22.01.1973, on the post of

    Teacher Gr.-II. He was thereafter posted as Professor in History of

    Sanskrit Literature, but since the post was not sanctioned at that time,

    he was posted as a Professor (Astrology) vide order dated 14.01.1981.

    Subsequently, the institution was merged in the State Government

    vide order dated 02.12.1999 and several complaints were received

    towards the entries made in the service record of the appellant

    regarding educational qualifications, teaching experience, date of birth

    etc. A departmental enquiry was conducted and his date of birth,

    educational qualifications and certificates were found to be dubious.

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    The preliminary enquiry report has been placed on record by the

    respondents.

    21. It is further submitted that the services of the appellant were

    merged with the State Government and vide communication dated

    03.07.2007, the matter was, therefore, forwarded for further

    proceedings under the Rajasthan Civil Services (classification,. Control

    and Appeal) Rules, 1958.

    22. In S.B. Civil Writ Petition No.2330/2004, the High Court passed

    an order directing conclusion of the enquiry proceedings to ascertain

    the genuineness and correctness of the documents relating to the

    appellant/petitioner and in compliance thereof, he was served with the

    charge sheet on 11.03.2008 and Additional Commissioner (Ist)

    Departmental Enquiry was appointed as Enquiry Officer who conducted

    department enquiry and submitted the enquiry report on 24.09.2009

    and the same was provided to the petitioner who submitted his

    response. Thereafter, the Disciplinary Authority accepted the enquiry

    report and issued order of removal of petitioner from service vide

    order dated 22.09.2010 and thus, the appellant was removed from

    service.

    23. Learned counsel for the State also submits that during the

    enquiry proceedings, it was found that while the appellant pursued his

    studies as a regular student and qualified examinations of Shastri

    (Astrology), Shastri (Phalit Jyotish), Ancient Acharya and Modern

    Classical Grammar. The experience certificates were also of the same

    period of teaching on the post of Principal which could not have been

    done simultaneously and therefore, it amounts to misconduct. It is

    submitted that the penalty of removal from service was imposed after

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    considering all the aspects and also looking into the gravity of the

    charges which does not warrant any interference.

    24. Having noticed the submissions, as above, we find that the

    appellant has been charge-sheeted for having placed on service record

    the documents relating to having experience of working as a Principal

    in Shri Ram Krishna Sanskrit College, Vrindavan, Mathura, while he

    was undergoing regular course of studies at Shri Sitaramiya Sanskrit

    College, Muzaffarpur under Kameshwar Singh Darbangha Sanksrit

    University, Bihar during the said period. The appellant has been held

    guilty of misconduct under the Rules of 1971. The entire basis of

    chargesheet is misconceived.

    25. We are of the view that the experience certificates are not stated

    to be forged document.

    26. The appellant asserts that he was teaching during vacations and

    an experience certificate has been given to him for the said purpose.

    Since the same has not been, in any manner, connected with his

    service, nor it has been utilized for the purpose of appointment or

    promotion or for any other purpose, the document of experience

    certificate would have no relevance and therefore, the same cannot be

    used to initiate departmental enquiry.

    27. We find that the entire process of departmental proceedings was

    initiated on the basis of a complaint which was anonymous.

    28. We also notice that the appointment of the appellant was in a

    private institution which was getting aid from the State Government.

    The educational qualifications of the appellant have not been found to

    be forged. The same have been the basis for giving him further

    promotion from time to time and at the time when the charge sheet

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    was issued, he was holding the post of Principal of the Government

    College. The Enquiry Officer has proceeded and relied on a preliminary

    enquiry report which was not conducted with the participation of the

    appellant and is based on suspicion.

    29. Law in this regard is well settled. Suspicion cannot take place of

    conclusive proof. The Hon’ble Supreme Court in the case of

    Ramanand Alias Nandlal Bharti vs State of Uttar Pradesh

    (2023) 16 SCC 510 regarding departmental enquiries, recently has

    held that the Court while examining the enquiry proceedings, may also

    look into the facts of the case and see whether the entire allegations

    can be said to be sufficient to hold that the person has committed a

    misconduct.

    30. Once we have reached to the conclusion, as above, that no

    misconduct was committed by the appellant, there was no misconduct

    found to have been committed which can be said to be a basis of

    initiating of charge sheet. The entire proceedings would stand vitiated.

    31. We also notice that it is a case where presumptions have taken

    place of probability of misconduct based on suspicions.

    32. We also notice that there is no allegation of having committed

    any delinquency during the service period by the appellant.

    33. The judgments cited at bar by the learned counsel for the

    appellant, as noticed above, would, therefore, have application to the

    case.

    34. In Surendra Prasad Shukla v. State of Jharkhand (2011) 8

    SCC 536, the Hon’ble Supreme Court held as under:

    “9.There was no charge against the appellant that he had
    in any way aided or abetted the offence under Section 392
    IPC or that he knew that his son had stolen the car and yet

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    he did not inform the police. The appellant, as we have
    held, was guilty of negligence of not having enquired from
    his son about the car kept in front of the government
    quarters occupied by him. The appellant had served the
    Government as a Constable and thereafter as a Head
    Constable from 7-8-1971 till he was dismissed from
    service on 28-2-2005 i.e. for 34 years, and for such long
    service he had earned pension. In our considered opinion,
    the punishment of dismissal of the appellant from service
    so as to deprive him of his pension for the service that he
    had rendered for 34 long years was shockingly
    disproportionate to the negligence proved against him.

    10.We accordingly, allow this appeal in part and modify
    the punishment of dismissal from service to compulsory
    retirement. The LPA and the writ petition filed by the
    appellant before the High Court are allowed in part. There
    shall be no order as to costs.”

    35. In Ranjit Thakur vs. Union of India 1987(4) SCC 611, the

    Apex Court passed the following order:

    “25.Judicial review generally speaking, is not directed
    against a decision, but is directed against the “decision-
    making process”. The question of the choice and quantum
    of punishment is within the jurisdiction and discretion of
    the court-martial. But the sentence has to suit the offence
    and the offender. It should not be vindictive or unduly
    harsh. It should not be so disproportionate to the offence
    as to shock the conscience and amount in itself to
    conclusive evidence of bias. The doctrine of
    proportionality, as part of the concept of judicial review,
    would ensure that even on an aspect which is, otherwise,
    within the exclusive province of the court-martial, if the
    decision of the court even as to sentence is an outrageous
    defiance of logic, then the sentence would not be immune
    from correction. Irrationality and perversity are
    recognised grounds of judicial review. In Council of Civil
    Service Unions v.Minister for the Civil Service [(1984) 3
    WLR 1174 (HL) : (1984) 3 All ER 935, 950] Lord Diplock
    said:

    “Judicial review has I think developed to a stage today
    when, without reiterating any analysis of the steps by
    which the development has come about, one can
    conveniently classify under three heads the grounds on
    which administrative action is subject to control by judicial
    review. The first ground I would call ‘illegality’, the second
    ‘irrationality’ and the third ‘procedural impropriety’. That
    is not to say that further development on a case by case
    basis may not in course of time add further grounds. I
    have in mind particularly the possible adoption in the

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    future of the principle of ‘proportionality’ which is
    recognised in the administrative law of several of our
    fellow members of the European Economic
    Community;. . .”

    36. In Pinky Meena (supra) under almost similar circumstances,

    where action was taken against the delinquent on the basis of a

    complaint filed by another person, she was discontinued on account of

    having obtained LL.B. and B.Ed. degrees simultaneously, which related

    to a period prior to her joining as a judicial officer. The Supreme Court

    observed as under:

    “17.This Court has carefully gone through the show
    cause notice dated 17.02.2020 issued to the appellant
    and a bare perusal of the same establishes that
    misconduct, if any, in respect of obtaining LL.B. and B.Ed
    degree simultaneously relates to the service period prior
    to being a Judicial Officer. Similarly, in respect of LL.M.
    degree also, she was not a Judicial Officer and she was
    serving as a Teacher Grade-II in the Education
    Department of Government of Rajasthan. So far as the
    allegation with regarding to suppression of material
    information regarding past government service, the
    appellant submitted resignation on 25.10.2018 from the
    post of Teacher Grade-II and on the date of interview i.e.
    on 02.11.2018, she was required to furnish certain
    information as per the check list and it is a fact that on
    the date of interview, she was no longer a government
    servant as she had tendered her resignation and in those
    circumstances, there is certainly an omission on the part
    of the appellant in not mentioning about her past record
    of government service.

    23.This Court has carefully gone through the
    aforementioned statutory provision of law which deals
    with employment by irregular or improper means. In the
    present case, at the best, it can be held that there was
    an omission on the part of the appellant in informing the
    employer about her past government service. Further, a
    reasonable explanation has also been provided by the
    appellant regarding her past government service by
    stating that at the time of submission of check list, the
    appellant was not in government service and, therefore,
    in those circumstance, she was not required to mention
    the same. In the considered opinion of this Court, the
    appellant has been awarded capital punishment for a
    minor irregularity (omission).”

    37. In Bhagwan Lal Arya v. Commissioner of Police, Delhi and

    Ors. (2004) 4 SCC 560, it was held as under:

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    “14.Thus, the present one is a case wherein we are
    satisfied that the punishment of removal from service
    imposed on the appellant is not only highly excessive
    and disproportionate but is also one which was not
    permissible to be imposed as per the Service Rules.

    Ordinarily we would have set aside the punishment and
    sent the matter back to the disciplinary authority for
    passing the order of punishment afresh in accordance
    with law and consistently with the principles laid down in
    the judgment. However, that would further lengthen the
    life of litigation. In view of the time already lost, we
    deem it proper to set aside the punishment of removal
    from service and instead direct the appellant to be
    reinstated in service subject to the condition that the
    period during which the appellant remained absent from
    duty and the period calculated up to the date on which
    the appellant reports back to duty pursuant to this
    judgment shall not be counted as a period spent on duty.
    The appellant shall not be entitled to any service benefits
    for this period. Looking at the nature of partial relief
    allowed hereby to the appellant, it is now not necessary
    to pass any order of punishment in the departmental
    proceedings in lieu of the punishment of removal from
    service which has been set aside. The appellant must
    report on duty within a period of six weeks from today to
    take benefit of this judgment.”

    38. We concur with the view taken by this Court as well as by the

    Hon’ble Supreme Court, as above.

    39. In view of the above, we allow this Special Appeal and set aside

    the order of removal dated 22.09.2010, holding that the appellant-writ

    petitioner is entitled to reinstatement. However, since the order of

    removal was passed on 22.09.2010 and the appellant has not

    performed duties thereafter, and may have attained the age of

    superannuation by now, we direct that the appellant shall be deemed

    to have been reinstated in service. However, he shall be entitled only

    to notional benefits of service from 22.09.2010 up to the date of his

    retirement, along with all actual retiral and pensionary benefits under

    the relevant rules to which he is statutorily entitled thereafter. The

    arrears of pension and other retiral benefits shall be paid to him @ 9%

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    per annum from the date of retirement till the date of payment. The

    necessary exercise shall be conducted within a period of two months.

    40. All pending application(s) stand disposed of.

    (BALJINDER SINGH SANDHU),J (SANJEEV PRAKASH SHARMA),ACTING CJ

    Govind/

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